IC 27-1-37
Chapter 37. Health Provider Contracts
IC 27-1-37-1
"Emergency" defined
Sec. 1. As used in this chapter, "emergency" means a medical
condition that arises suddenly and unexpectedly and manifests itself
by acute symptoms of such severity, including severe pain, that the
absence of immediate medical attention could reasonably be
expected by a prudent lay person who possesses an average
knowledge of health and medicine to:
(1) place an individual's health in serious jeopardy;
(2) result in serious impairment to the individual's bodily
functions; or
(3) result in serious dysfunction of a bodily organ or part of the
individual.
As added by P.L.197-2001, SEC.1.
IC 27-1-37-2
"Health maintenance organization" defined
Sec. 2. As used in this chapter, "health maintenance organization"
means a person that undertakes to provide or arrange for the delivery
of health care services to individuals on a prepaid basis, except for
the individual's responsibility for copayments or deductibles. The
term includes a limited service health maintenance organization. The
term does not include a staff-model health maintenance organization
that employs a group of providers and that requires the providers to
provide health care services solely to individuals who are entitled to
coverage under a contract with the staff-model health maintenance
organization or an affiliate of the staff-model health maintenance
organization.
As added by P.L.197-2001, SEC.1.
IC 27-1-37-3
"Health provider contract" defined
Sec. 3. As used in this chapter, "health provider contract" means
an agreement with a provider relating to terms and conditions of
reimbursement for health care services provided to an individual
under:
(1) an employee welfare benefit plan (as defined in 29 U.S.C.
1002 et seq.);
(2) a policy of accident and sickness insurance (as defined in
IC 27-8-5-1);
(3) a contract with a health maintenance organization;
(4) a self-insurance program established under IC 5-10-8-7(b);
or
(5) a prepaid health care delivery plan entered into under
IC 5-10-8-7(c).
As added by P.L.197-2001, SEC.1.
IC 27-1-37-4
"Person" defined
Sec. 4. (a) As used in this chapter, "person" means an individual,
an agency, a political subdivision, a partnership, a corporation, an
association, or any other entity.
(b) The term does not include a health care provider described in
IC 16-18-2-163(a)(1), IC 16-18-2-163(a)(2), IC 16-18-2-163(a)(3),
or IC 16-18-2-163(a)(4).
As added by P.L.197-2001, SEC.1.
IC 27-1-37-5
"Provider" defined
Sec. 5. As used in this chapter, "provider" means an individual or
entity licensed or legally authorized to provide health care services.
As added by P.L.197-2001, SEC.1.
IC 27-1-37-6
Requiring provider to provide health care services
Sec. 6. (a) Except as provided in subsection (b), a person may not
require a provider, as a condition of entering into a health provider
contract for the provision of health care services other than health
care services to enrollees of a health maintenance organization, to
provide health care services to enrollees of a health maintenance
organization.
(b) A person may require a provider, as a condition of entering
into a health provider contract for the provision of health care
services other than health care services to enrollees of a health
maintenance organization, to provide health care services to enrollees
of a health maintenance organization:
(1) in an emergency; or
(2) upon referral.
(c) If a person requires a provider to provide health care services
to enrollees of a health maintenance organization under subsection
(b), the person:
(1) shall reimburse the provider at rates established under the
health provider contract; and
(2) may not require the provider to comply with the terms and
conditions of the health maintenance organization.
As added by P.L.197-2001, SEC.1.